March 5, 2013

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

March 5, 2013

 

 

Present:  Mayor Christopher Sanders, Trustees Lisa DeFeciani, Trustee John Gallucci  Jr., Trustee Steven Silverberg,  Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello-Village Clerk-Treasurer.

Deputy Mayor Mark Blomquist joined the meeting immediately after the Continuation of Public Hearing adoption of Legislation permitting Bed & Breakfast.

 

Mayor Sanders called the meeting to order, and Girl Scout Troop #40327 led everyone in the Pledge of Allegiance.

 

 

Public Comment

 

Joan Gussow expressed concern due to a street light in front of her home that has been out since Hurricane Sandy, and has contacted several agencies to repair it.

 

DPW Superintendent Temple reported he has contacted Orange & Rockland Utilities and will follow up with them again.

 

Francis Wells residing at 599 Piermont Ave is considering raising her home, would like information regarding flood maps, – and questioned the process for elevating her home.

 

Mayor Sanders commented he received notification from Representative Nita Lowey’s office that the new flood elevations for Rockland County have been drafted and it is promised that they will be published soon.

Mayor Sanders further commented the board is currently reviewing a draft amendment of the zoning code, and referred her to the Village Inspector Charles Schaub to review and discuss further procedures for elevating her residence.

 

Trustee Silverberg suggested  Ms. Wells wait until the new zoning amendments are completed and adopted before proceeding with the process of elevating her residence.

 

Audie Moran commented that it is her understanding the North Shore Walkway remains closed but would like to advise the board there are runners and walkers using the walkway every day.  There is still a lot of debris in the path which creates hazardous conditions.

 

Trustee Silverberg suggested providing additional notifications, posting warnings of unsafe conditions around the area of the North Shore walkway.

 

Mayor Sanders commented his concern is even though the gates at entrances are closed and locked there are easy access paths between the condominiums/ townhomes that lead

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 2 of 12

 

on to the North Shore Walkway.  He suggested to DPW Superintendent Temple to place cones and tape in areas that have debris obstructing the walkway.

 

Audie Moran suggested writing a letter to the Landing Home Owners Association advising the North Shore Walkway remains closed due to hazardous conditions.

 

Donna Hardy residing at the William Yuda Condominium commented she has had problems regarding Spruce Street parking lot which is owned by Piermont Plaza Realty.  She has condominium bylaws stating condominium owners have 21 reserved parking spaces and 11unreserved parking spaces.  Her concern is the owner of the property has been putting stickers on owner vehicles that are not in the reserved parking spaces but in the unreserved parking spaces.  She also questioned the zoning code of placement of signs, the owner of Piermont Plaza Realty has placed signs that state parking is for the restaurants and shops at the landing use only any other vehicles will be towed. She also referred to Village Board Minutes from 1988 that state part of the Spruce Street parking lot is owned by the Village of Piermont

 

Walter Sevastian commented the signs are governed by Village Code., He further commented in regards to the owner affixing stickers that this seems to be a civil dispute.

 

Mayor Sanders commented he will review any concerns she has regarding the signs, and referred to the Building Inspector Charles Schaub to review and enforce any violations that may exist.

 

Walter Sevastian commented the Village Board does not have the authority to stop a private entity from affixing a stickers on a vehicle.  It is a dispute between two property owners.

 

Joan Gussow asked who is responsible to monitor debris floating in the Hudson River.

Trustee Gallucci Jr. replied he believes the Army Core of Engineers would be responsible.

 

Katleen Puder of the Piermont Civic Association advised the Board the schedule for Movies in the Park will be held at the Goswick Pavilion on Friday June 21, Friday July 19, and Friday August 16, 2013.  She also requested to post a sign listing the movies and the movie schedule on the Village-owned property on Ash Street, next to Gerhardt’s and in front of the Goswick Pavilion.

 

The board agreed to the signage and Mayor Sanders thanked her and the Civic Association for their dedication to the Village of Piermont.

 

Presentation Ivan Szendro, and Ms. Demeter

Mr. Szendro could not attend this evening board meeting and requested to be placed on the Agenda on April 2, 2013 Village Board Meeting.

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 3 of 12

 

 

Request from Mary Weitzman of Girl Scout Troop #40327

Mary Weitzman a resident of Piermont requested permission to set up a table to sell Girl Scout Cookies in front of Village Hall on Saturday April 13, 2013 from 12:00pm to 3:00pm with a rain date on Sunday April 14, 2013

 

Trustee Silverberg moved to approve Girl Scout Troop #40327 to set up a table in front of Village Hall on Saturday April 13, 2013 from 12:00pm to 3:00pm with a rain date of Sunday April 14, 2013.  Trustee DeFeciani seconded the motion which carried by vote 4-0

 

 

Continuation of Public Hearing adoption of Legislation permitting Bed & Breakfast

 

Village Attorney Walter Sevastian commented this is a continuation of the Public Hearing that was adjourned from the January 22, 2013 Village Board Meeting. Due to modifications, it again had to be referred out for notification and review by the Rockland County Dept. of planning, the Village of Grandview, and the Town of Orangetown.  The items modified were in reference to adding any exterior alterations or increase in impervious surface changes shall be referred to the planning and zoning boards for review.

 

Public Comments

Kathleen Purer 674 Piermont Ave thinks it’s a great idea.

 

There were no Board comments

 

Trustee Gallucci Jr. moved to close the Public Hearing on legislation permitting Bed and Breakfast.  Trustee DeFeciani seconded the motion which carried by a vote 4-0.

 

Trustee Gallucci Jr. moved to adopt Local Law #1 of 2013 to amend the Zoning Code permitting Bed & Breakfast use.  Trustee Silverberg seconded the motion, which was carried by a vote 4-0.

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

 

 

 

STATE OF NEW YORK

COUNTY OF ROCKLAND: VILLAGE OF PIERMONT

——————————————————————–X

In the Matter of the Amendment to

the Zoning Code of the Village of Piermont                                                  RESOLUTION

to establish a Bed and Breakfast Use

——————————————————————–X

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 4 of 12

 

WHEREAS,  the Village Board of the Village of Piermont has noticed a Public Hearing with regard to an amendment of the Zoning Code with respect to establishing a “Bed and Breakfast Use” within the Village of Piermont;

 

WHEREAS, Public Hearings on the adoption of these proposed amendments to the Zoning Code were held on November 27, 2012, January 22, 2013, and on March 5, 2013;

 

WHEREAS,  at least 10 days prior to the initial Public Hearing notification of same was published in the Rockland County Journal News pursuant to Village Law 7-706(1);

 

WHEREAS,  at least 10 days prior to the public hearing referrals of the proposed amendments to the Zoning Code were furnished to various parties pursuant to Village Law Section 7-706 (2)(a), (b), (c), (d);

 

 

WHEREAS,  at least 60 days prior to the public hearing referrals of the proposed amendments to the Zoning Code were furnished to the Village of Piermont Planning Board for review and comment;

 

WHEREAS,  At least 30 days before prior to the initial Public Hearing a referral was made to the  Rockland County Planning Department (including the Notice of Public Hearing, the proposed law, affected sections of the Village Code, the EAF & materials necessary to determine Environmental significance), pursuant to G.M.L. Section 239-m;

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 5 of 12

 

WHEREAS, the Village Board of Trustees had made and published initial SEQRA review of the proposed amendments and found as follows:

 

  1. That the proposed Zoning Code amendment was subject to SEQRA (NYCRR §617.6[a][1][i]) as an “Unlisted Action”.

 

  1. That the proposed Zoning Code amendment did not involve a Federal agency (NYCRR §617.6[a][1][ii]).

 

That the proposed Zoning Code amendment did not involve one or more other agencies (NYCRR §617.6[a][1][iii]);  since an “Involved Agency” is defined by NYCRR §617.2[s] as an agency that has jurisdiction by law to fund, approve or directly undertake an action.

 

 

  1. That the proposed Zoning Code amendment was a preliminary classification as an Unlisted action which is subject to SEQRA.

 

  1. That the proposed Zoning Code amendment was not located within an agricultural district (NYCRR §617.6[a][6]).

 

6.         That it was the intention of the Village Board of Trustees to establish itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA);

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 6 of 12

 

THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA), and makes the following findings under NYCRR §617.7[c] with respect to the impact of the of the proposed amendments to the Zoning Code and their magnitude:

 

a.         That the Board has reviewed the EAF prepared in relation to the proposed amendments to the Zoning Code with a view to identifying potential environmental concerns.

 

b.         That the proposed amendments to the Zoning Code will not result in an immediate impact on the physical construction of any existing projects pending before any land use Board (or other approval agency) in the Village of Piermont as specifically relates to the quality of land, water,

or air affected by such project.  Furthermore, the proposed amendments to the Zoning Code will not result in any substantial adverse change to the existing ground or surface water quality or quantity in any future land use application, as the use of land contemplated in the legislation will primarily utilize existing structures and facilities.

 

c.         The Village Board finds that the establishment of a Bed and Breakfast use should have no effect on existing drainage systems within the Village, would not cause the removal or destruction of large quantities of vegetation, and have no adverse impact on the tidal waters abutting the Hudson River.

 

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 7 of 12

 

d.         That the Village Board finds that the proposed legislation will promote of the Village’s policies and objectives with respect to Planning, Zoning and future development, and is consistent with the objectives of he Zoning Code and policies contained in the Village’s LWRP.

 

e.         That the proposed amendments to the Zoning Code will not create any hazard to human health.

 

f.          That the findings of the Planning Board, as well as those of the Rockland County Department of Planning are incorporated in to this resolution by reference.

 

BE IT FURTHER RESOLVED, the Village the Board of Trustees, based upon the findings made under the criteria set forth in NYCRR §617.7[c], the EAF filed relative to the action under

consideration, and upon the record pertaining to the proposed amendments to the Zoning Code find and determine that:

 

1)         The action taken herein is an Unlisted action subject to the requirements of SEQRA;

2)         The Village Board is in possession of all information reasonably necessary to make the determination as to the Environmental significance of the proposed amendments to the Zoning Code.

 

3)         That this action shall not have any significant impact upon the environment and declare that a Negative Declaration is determined with regard to this action

 

This resolution was moved by Trustee Gallucci Jr. and seconded by Trustee Silverberg which carried by vote 5-0

 

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 8 of 12

 

Continue discussion & review notice to terminate the Train Station Lease

 

Village Attorney Walter Sevastian commented the Piermont Historical Society came to a previous Village Board Meeting requesting to amend the Lease agreement to identify the PHS as a caretaker to the property rather than a tenant.

 

Ed Traynor representing the Piermont Historical Society commented he requested an amendment to the lease agreement at a previous Village Board Meeting in August of 2012.  The Historical Society evaluated their finances and in finding a major expense was reoccurring monthly bills like water, electric, insurance rather than costs to preserve the Historical aspect.  He requested to amend the lease agreement proposing a caretaker agreement which would entail opening the train station as a museum several times a year including weekends in the summer months.  They would continue to acquire memorabilia; recently they acquired a pot belly stove.  They would also continue with improvements to restore the integrity of the building in keeping with the Historical aspect.

 

Village Attorney Walter Sevastian commented the Village would not have to pay for additional liability insurance; it would already be covered under the Villages insurance .

 

Mayor Sanders referred to the Village Attorney Walter Sevastian to draft an agreement for the board to review.

 

Trustee Silverberg suggested including a provision that state the agreement could be cancelled with a 60 to 90 day notice.

 

 

Resolution and Authorize Mayor to sign and accept reimbursement from Rockland County Police Overtime regarding County Terrorism.

 

Trustee Gallucci Jr., moved to approve Mayor Sanders to sign and accept reimbursement from Rockland County Police Overtime Training under the State of Homeland Security Program in the amount of $1,060.92.  Trustee DeFeciani seconded the motion, which carried by vote 5-0

 

Discussion on summers closures to motor vehicle traffic on the Pier

Mayor Sanders identified Pier closures to Motor vehicle traffic for the following three Sundays during the summer 2013;

June 16th

July 21st

August 18th

 

 

Village Piermont Board of Trustees Minutes March 5, 2013

Page 9 of 12

 

Trustee Silverberg moved to approve Pier Closures to Motor Vehicle Traffic for the following dates: June 16th, July 21st, and August 18th. . Trustee Gallucci Jr. seconded the motion which carried by vote 5-0.

 

 

Review Accountants JH Cohn Reznick Fiscal 3rd Quarter

Mayor Sanders commented received the fiscal 3rd quarter FYE 2013 from JH Cohn Reznick which will assist in preparation of 2014 budgets.  The report notes all transactions have been recorded in the Village’s account records and that bank reconciliations have been accurately reconciled in a timely matter, and no unusual reconciling items were noted.  Total revenue is projected to be in excess of total revenue estimates due primarily to Insurance Recoveries, and FEMA reimbursement due to Hurricane Storm Damage.  It should also be noted that those revenues are matched by equal or greater expenditures.

 

 

Review 2013 Proposal from Brooker Engineering

Mayor Sanders received a proposal from Brooker Engineering regarding an increase in 2013 Fee Schedule.  He noted the fee schedule has not increased since 2009, and the current fee schedule rate is lower than what they had proposed last year.

 

Trustee Silverberg commented he thinks the fee schedule is fair.

 

Trustee Gallucci Jr. commented the rates have not increased since 2009, and is a modest increase.

 

Trustee Silverberg moved to authorize Mayor Sanders to sign 2013 Village Consulting fee schedule agreement with Brooker Engineering.  Trustee Blomquist seconded the motion which carried vote 5-0

 

Schedule Public Hearing Tentative 2014 Budget

 

Trustee Gallucci Jr. moved to schedule Public Hearing for Tentative 2013-2014 budget on April 2, 2013 at 7:45pm.  Trustee Blomquist seconded the motion which carried by vote 5-0.

 

Schedule Public Hearing Proposed Tax Cap Overide 2014 Budget

 

 

Schedule Public Hearing- Proposed Tax Cap Override Local Law #2 of 2013

Trustee Gallucci Jr. moved to schedule Public Hearing for Tax Cap override Local Law #2 of 2013 on April 2, 2013 at 8:00pm.  Trustee DeFeciani seconded the motion which carried by vote 5-0.

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 10 of 12

 

 

Approval of Minutes

 

Trustee Blomquist moved to approve minutes from the February 19, 2013 meeting of the Board of Trustees.  Trustee Gallucci Jr.  seconded the motion, which carried by a vote 5-0

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrant in the amount of $ 42,771.92attached to the Minutes.  Trustee Gallucci jr. seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

Village Attorney Walter  Sevastian received notification from Howard A. Jacobson, Deputy General Counsel of Columbia University they are reviewing the Easement, Right-of -way and Use Agreement with the Village of Piermont

 

Trustee DeFeciani reported the Village website is on schedule to launch the end of March 2013

Mayor Sanders is pleased to report the Piermont Chamber of Commerce is growing and attracting new members

 

Trustee Blomquist reported the Fire Department Generator has been installed and is operational.

 

Trustee Gallucci Jr. asked when the decking at the end of the Pier will be repaired.

Highway Supervisor Tom Temple commented that FEMA Mitigation specialist has toured the property but does not know the status of FEMA’s review

Mayor Sanders requested that DWP proceed with repairs to the decking at the end of Pier.

 

Trustee Gallucci Jr. also reported there is a pre-construction meeting regarding Rockland Road Bridge on Tuesday March 12, 2013

 

Mayor Sanders commented residents have been asking when the North Shore Walkway will be repaired and opened.

Village Attorney Walter Sevastian replied he has reached out to Mr. Steve Silverstein, Attorney for the Landing Home Owners Association, to obtain documents needed to verify ownership and responsibility of the North Shore Walkway and adjoining Sea Wall.  He will follow up with Mr. Steve Silverstein

 

Department Reports

 

DPW

DPW Superintendent Temple reported he received prices for replacement of kitchen equipment at the Goswick Pavilion in the amount of $7,500

Village of Piermont Board of Trustees Minutes March 5, 2013

Page 11 of 12

 

 

Police Dept.

Chief O’Shea submitted his written report and had nothing to report.  He also submitted the Court Clerk’s report.

 

 

Building Dept.

Building Inspector Charles Schaub reported he has been working with Village Attorney Walter Sevastian drafting letters on behalf of residents to assist with insurance claims.

 

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:05pm.  Trustee Silverberg seconded the motion, which was carried by a vote of 5-0.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

 

 

Comments are closed.